AB40: Bill Text

AB40,564,9 (3) A gift certificate does not expire.

AB40,564,10 37.60 Physician loan assistance program. (1) Definitions. In this section:

AB40,564,11 (ac) "Clinic hours" means hours spent working with patients in a clinic.

AB40,564,12 (d) "Rural area" has the meaning given in s. 37.63 (1) (c).

AB40,564,16 (2) Eligibility. (a) 1. Except as provided in subd. 2., the board may repay, on behalf of a physician, up to $50,000 in educational loans obtained by the physician from a public or private lending institution for education in an accredited school of medicine or for postgraduate medical training.

AB40,564,20 (b) A physician who is a participant in the national health service corps scholarship program under 42 USC 254n, or a physician who was a participant in that program and who failed to carry out his or her obligations under that program, is not eligible for loan repayment under this section.

AB40,564,24 (3) Agreement. (b) The agreement shall specify that the responsibility of the board to make the payments under the agreement is subject to the availability of funds in the appropriations under s. 20.280 (1) (ks) and (qj) or collected as contributions under sub. (6) or as penalties under sub. (6m) (b).

AB40,565,2 (4) Loan repayment. Except as provided in sub. (4m), principal and interest due on loans, exclusive of any penalties, may be repaid by the board at the following rate:

AB40,565,4 (a) Up to 40 percent of the principal of the loan or $20,000, whichever is less, during the first year of participation in the program under this section.

AB40,565,7 (b) Up to an additional 40 percent of the principal of the loan or $20,000, whichever is less, during the 2nd year of participation in the program under this section.

AB40,565,10 (c) Up to an additional 20 percent of the principal of the loan or $10,000, whichever is less, during the 3rd year of participation in the program under this section.

AB40,565,14 (5) Availability of funds; right of action against state. (a) The obligation of the board to make payments under an agreement entered into under sub. (3) (b) is subject to the availability of funds in the appropriations under s. 20.280 (1) (ks) and (qj) or collected as contributions under sub. (6) or as penalties under sub. (6m) (b).

AB40,565,20 (b) If the cost of repaying the loans of all eligible applicants, when added to the cost of loan repayments scheduled under existing agreements, exceeds the total amount in the appropriations under s. 20.280 (1) (ks) and (qj) or collected as contributions under sub. (6) or as penalties under sub. (6m) (b), the board shall establish priorities among the eligible applicants based upon the following considerations:

AB40,565,23 1. The degree to which there is an extremely high need for medical care in the eligible practice area, health professional shortage area, or rural area in which a physician desires to practice.

AB40,566,3 2. The likelihood that a physician will remain in the eligible practice area, health professional shortage area, or rural area in which he or she desires to practice after the loan repayment period.

AB40,566,5 3. The per capita income of the eligible practice area, health professional shortage area, or rural area in which a physician desires to practice.

AB40,566,9 4. The financial or other support for physician recruitment and retention provided by individuals, organizations, or local governments in the eligible practice area, health professional shortage area, or rural area in which a physician desires to practice.

AB40,566,13 5. The geographic distribution of the physicians who have entered into loan repayment agreements under this section and the geographic distribution of the eligible practice areas, health professional shortage areas, and rural areas in which the eligible applicants desire to practice.

AB40,566,14 6. Other considerations that the board may specify.

AB40,566,17 (d) An agreement under sub. (3) does not create a right of action against the state, university, or other instrumentalities of the state on the part of the physician or lending institution for failure to make the payments specified in the agreement.

AB40,566,19 (6) Local participation. The board shall encourage contributions to the program under this section by counties, cities, villages, and towns.

AB40,566,22 (6m) Penalties. (a) The board shall establish requirements for penalties to be assessed by the board against physicians who breach agreements entered into under sub. (3). The requirements shall do all of the following:

AB40,566,23 1. Specify what actions constitute a breach of the agreement.

AB40,566,24 2. Provide specific penalty amounts for specific breaches.

AB40,567,2 3. Provide exceptions for certain actions, including breaches resulting from death or disability.

AB40,567,4 (b) The board shall use any penalties assessed and collected under this subsection for the program under this section.

AB40,567,5 (8) Administration. The board shall do all of the following:

AB40,567,7 (b) Identify eligible practice areas and rural areas with an extremely high need for medical care.

AB40,567,9 (d) Publicize the program under this section to physicians and eligible communities.

AB40,567,11 (e) Assist physicians who are interested in applying for the program under this section.

AB40,567,13 (f) Assist communities in obtaining physicians' services through the program under this section.

AB40,567,14 (g) Make recommendations to the governor on all of the following:

AB40,567,16 1. Ways to improve the delivery of health care to persons living in rural areas of the state that constitute shortage areas.

AB40,567,18 2. Ways to help communities evaluate and utilize the linkage between rural health facilities and economic development.

AB40,567,20 3. Coordination of state and federal programs available to assist rural health care service delivery.

AB40,567,22 4. Strengthening coordination and maintenance of rural services and the delivery system.

AB40,567,24 5. Development of mechanisms to reduce shortages of health care providers in rural areas.

AB40,568,3 (h) Notwithstanding subs. (3) (b) and (5) (a) and (b), ensure that moneys appropriated under s. 20.280 (1) (qj) are used under this section only to repay loans on behalf of physicians who agree to practice in a rural area.

AB40,568,9 (9) Expanded loan assistance program. The board may agree to repay loans as provided under this section on behalf of a physician under an expanded physician loan assistance program that is funded through federal funds in addition to state matching funds. To be eligible for loan repayment under the expanded physician loan assistance program, a physician must fulfill all of the requirements for loan repayment under this section, as well as all of the following:

AB40,568,10 (a) The physician must be a U.S. citizen.

AB40,568,12 (b) The physician may not have a judgment lien against his or her property for a debt to the United States.

AB40,568,13 (c) The physician must agree to do all of the following:

AB40,568,15 1. Accept medicare assignment as payment in full for services or articles provided.

AB40,568,18 2. Use a sliding fee scale or a comparable method of determining payment arrangements for patients who are not eligible for medicare or medical assistance and who are unable to pay the customary fee for the physician's services.

AB40,568,20 3. Practice at a public or private nonprofit entity in a health professional shortage area.

AB40,568,22 37.61 Health care provider loan assistance program. (1) Definitions. In this section:

AB40,568,23 (ac) "Clinic hours" has the meaning given in s. 37.60 (1) (ac).

AB40,568,24 (ad) "Council" means the rural health development council.

AB40,568,25 (e) "Rural area" has the meaning given in s. 37.63 (1) (c).

AB40,569,4 (2) Eligibility. The board may repay, on behalf of a health care provider, up to $25,000 in educational loans obtained by the health care provider from a public or private lending institution for education related to the health care provider's field of practice, as determined by the board with the advice of the council.

AB40,569,10 (3) Agreement. (a) The board shall enter into a written agreement with the health care provider. In the agreement, the health care provider shall agree to practice at least 32 clinic hours per week for 3 years in one or more eligible practice areas in this state or in a rural area, except that a health care provider in the expanded loan assistance program under sub. (8) may only agree to practice at a public or private nonprofit entity in a health professional shortage area.

AB40,569,14 (b) The agreement shall specify that the responsibility of the board to make the payments under the agreement is subject to the availability of funds in the appropriations under s. 20.280 (1) (ks) and (qj) or collected as contributions under sub. (6) or as penalties under sub. (6m) (b).

AB40,569,16 (4) Loan repayment. Principal and interest due on loans, exclusive of any penalties, may be repaid by the board at the following rate:

AB40,569,18 (a) Up to 40 percent of the principal of the loan or $10,000, whichever is less, during the first year of participation in the program under this section.

AB40,569,21 (b) Up to an additional 40 percent of the principal of the loan or $10,000, whichever is less, during the 2nd year of participation in the program under this section.

AB40,569,24 (c) Up to an additional 20 percent of the principal of the loan or $5,000, whichever is less, during the 3rd year of participation in the program under this section.

AB40,570,4 (5) Availability of funds; right of action against state. (a) The obligation of the board to make payments under an agreement entered into under sub. (3) is subject to the availability of funds in the appropriations under s. 20.280 (1) (ks) and (qj) or collected as contributions under sub. (6) or as penalties under sub. (6m) (b).

AB40,570,10 (b) If the cost of repaying the loans of all eligible applicants, when added to the cost of loan repayments scheduled under existing agreements, exceeds the total amount in the appropriations under s. 20.280 (1) (ks) and (qj) or collected as contributions under sub. (6) or as penalties under sub. (6m) (b), the board shall establish priorities among the eligible applicants based upon the following considerations:

AB40,570,13 1. The degree to which there is an extremely high need for medical care in the eligible practice area, health professional shortage area, or rural area in which an eligible applicant desires to practice.

AB40,570,16 2. The likelihood that an eligible applicant will remain in the eligible practice area, health professional shortage area, or rural area in which he or she desires to practice after the loan repayment period.

AB40,570,18 3. The per capita income of the eligible practice area, health professional shortage area, or rural area in which an eligible applicant desires to practice.

AB40,570,22 4. The financial or other support for health care provider recruitment and retention provided by individuals, organizations, or local governments in the eligible practice area, health professional shortage area, or rural area in which an eligible applicant desires to practice.

AB40,571,2 5. The geographic distribution of the health care providers who have entered into loan repayment agreements under this section and the geographic location of the eligible practice area, health professional shortage area, or rural area in which an eligible applicant desires to practice.

AB40,571,3 6. Other considerations that the board may specify.

AB40,571,7 (c) An agreement under sub. (3) does not create a right of action against the state, the university, or other instrumentalities of the state on the part of the health care provider or the lending institution for failure to make the payments specified in the agreement.

AB40,571,9 (6) Local participation. The board shall encourage contributions to the program under this section by counties, cities, villages, and towns.

AB40,571,12 (6m) Penalties. (a) The board shall establish requirements for penalties to be assessed by the board against health care providers who breach an agreement entered into under sub. (3) (a). The requirements shall do all of the following:

AB40,571,13 1. Specify what actions constitute a breach of the agreement.

AB40,571,14 2. Provide specific penalty amounts for specific breaches.

AB40,571,16 3. Provide exceptions for certain actions, including breaches resulting from death or disability.

AB40,571,18 (b) The board shall use any penalties assessed and collected under this subsection for the program under this section.

AB40,571,19 (7) Administration. The board shall do all of the following:

AB40,571,20 (a) Identify communities with an extremely high need for health care.

AB40,571,22 (b) Publicize the program under this section to health care providers and eligible communities.

AB40,571,24 (c) Assist health care providers who are interested in applying for the program under this section.

AB40,572,2 (d) Assist communities in obtaining the services of health care providers through the program under this section.

AB40,572,5 (e) Notwithstanding subs. (3) (b) and (5) (a) and (b), ensure that moneys appropriated under s. 20.280 (1) (qj) are used under this section only to repay loans on behalf of health care providers who agree to practice in a rural area.

AB40,572,12 (8) Expanded loan assistance program. The board may agree to repay loans as provided under this section on behalf of a health care provider under an expanded health care provider loan assistance program that is funded through federal funds in addition to state matching funds. To be eligible for loan repayment under the expanded health care provider loan assistance program, a health care provider must fulfill all of the requirements for loan repayment under this section, as well as all of the following:

AB40,572,13 (a) The health care provider must be a U.S. citizen.

AB40,572,15 (b) The health care provider may not have a judgment lien against his or her property for a debt to the United States.

AB40,572,16 (c) The health care provider must agree to do all of the following:

AB40,572,18 1. Accept medicare assignment as payment in full for services or articles provided.

AB40,572,21 2. Use a sliding fee scale or a comparable method of determining payment arrangements for patients who are not eligible for medicare or medical assistance and who are unable to pay the customary fee for the health care provider's services.

AB40,572,23 3. Practice at a public or private nonprofit entity in a health professional shortage area.

AB40,572,25 37.62 Rural health development council. The rural health development council created under s. 15.917 (1) shall do all of the following:

AB40,573,3 (1) Advise the board on matters related to the physician loan assistance program under s. 37.60 and the health care provider loan assistance program under s. 37.61.

AB40,573,6 (2) Advise the board on the amount, up to $25,000, to be repaid on behalf of each health care provider who participates in the health care provider loan assistance program under s. 37.61.

AB40, s. 1088 Section 1088. 38.04 (1m) (b) (intro.) of the statutes is amended to read: